NCJ Number
16656
Journal
New York State Bar Journal Volume: 47 Issue: 1 Dated: (JANUARY 1975) Pages: 19-21,47-54
Date Published
1975
Length
11 pages
Annotation
DISCUSSION OF STATE AND FEDERAL APPELLATE COURT DECISIONS ON THE SUBJECT OF ADEQUATE AND EFFECTIVE REPRESENTATION AND ASSISTANCE BY COUNSEL.
Abstract
THE DETAILS OF INDIVIDUAL CASES AND THE CASES FOR DEFENDANTS' CLAIMS OF INEFFECTIVE ASSISTANCE BY COUNSEL AT TRIAL ARE EXAMINED. THE TRADITIONAL VIEW TAKEN BY MOST COURTS IS THAT MERE ERRORS IN EVALUATING FACTS OR IN PREDICTING HOW THE COURTS WILL RULE ARE NOT, IN THEMSELVES, SUFFICIENT TO ESTABLISH THAT A DEFENDANT RECEIVED CONSTITUTIONALLY INADEQUATE REPRESENTATION. IN ADDITION, PETITIONERS ARE GENERALLY REQUIRED TO DEMONSTRATE SUBSTANTIAL AND DIRECT PREJUDICE IN ORDER TO OBTAIN ANY COLLATERAL POSTCONVICTION RELIEF. ALSO DISCUSSED IS THE SUPREME COURT'S RELUCTANCE TO DEFINE THE STANDARD OF ADEQUATE REPRESENTATION BEYOND ITS RULING THAT THE CONSTITUTIONAL ADEQUACY OF COUNSEL IS DETERMINED BY THE QUALITY OF LEGAL ADVICE WITHIN THE RANGE OF COMPETENCE DEMANDED BY ATTORNEYS IN CRIMINAL CASES. THE AUTHOR SUGGESTS THAT SUPREME COURT FORMULATE MINIMAL GUIDES OF PROFESSIONAL CONDUCT IN RELATION TO PRETRIAL INVESTIGATION, PREPARATION, THE MAKING OF TIMELY MOTIONS, AND CONFLICTS OF INTEREST. HE ALSO FAVORS HAVING THE COURT MANDATE A FULLER RECORD RESPECTING DEFENSE SERVICES TO BE PRESERVED IN ALL CASES WHERE A DEFENDANT PLEADS GUILTY.